CHAPTER 17. PARTIES; CITATION; LONG-ARM JURISDICTION
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE B. TRIAL MATTERS
CHAPTER 17. PARTIES; CITATION; LONG-ARM JURISDICTION
SUBCHAPTER A. PARTIES TO SUIT
Sec. 17.001. SUIT ON CONTRACT WITH SEVERAL OBLIGORS OR PARTIES
CONDITIONALLY LIABLE. (a) Except as provided by this section,
the acceptor of a bill of exchange or a principal obligor on a
contract may be sued alone or jointly with another liable party,
but a judgment may not be rendered against a party not primarily
liable unless judgment is also rendered against the principal
obligor.
(b) The assignor, endorser, guarantor, or surety on a contract
or the drawer of an accepted bill may be sued without suing the
maker, acceptor, or other principal obligor, or a suit against
the principal obligor may be discontinued, if the principal
obligor:
(1) is a nonresident or resides in a place where he cannot be
reached by the ordinary process of law;
(2) resides in a place that is unknown and cannot be ascertained
by the use of reasonable diligence;
(3) is dead; or
(4) is actually or notoriously insolvent.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.002. SUIT AGAINST ESTATE FOR LAND TITLE. In a suit
against the estate of a decedent involving the title to real
property, the executor or administrator, if any, and the heirs
must be made parties defendant.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.003. SUIT AGAINST NONRESIDENT OR TRANSIENT PROPERTY
OWNER. For the purpose of establishing title to property,
settling a lien or encumbrance on property, or determining an
estate, interest, lien, or encumbrance, a person who claims an
interest in the property may sue another person who claims an
adverse interest or a lien or encumbrance but resides outside
this state, resides in an unknown place, or is a transient. The
plaintiff is not required to have actual possession of the
property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.004. SUIT AGAINST UNKNOWN HEIRS OR UNKNOWN STOCKHOLDERS
OF DEFUNCT CORPORATION. A person with a claim against property
that has accrued to or been granted to the unknown heirs of a
deceased individual or the unknown stockholders of a defunct
corporation may sue the heirs or stockholders or their heirs or
representatives. The action must describe the defendants as the
heirs of the named deceased individual or the unknown
stockholders of the named corporation.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.005. SUIT AGAINST UNKNOWN LANDOWNER. (a) A person may
sue the unknown owner or claimant of an interest in land if:
(1) the person bringing suit claims ownership of an interest in
the land or has a claim or cause of action related to the land
against the unknown owner or claimant; and
(2) the unknown owner or claimant:
(A) takes or holds the beneficial interest under a conveyance,
lease, or written contract that conveyed an interest in the land
to a trustee without disclosing the name of the owner of the
beneficial interest; or
(B) takes or holds the interest of a dissolved association,
joint-stock company, partnership, or other organization under an
instrument that did not disclose his name, and the organization
had acquired the interest under a conveyance, lease, or written
contract that conveyed the interest to the organization in its
name without disclosing the names of the members, shareholders,
partners, or other persons owning an interest in the
organization.
(b) A person may not sue the unknown stockholders of a
corporation under this section, but if the plaintiff did not know
that the organization was incorporated and the corporate
character of the organization was not disclosed in the instrument
under which title was acquired, the court retains jurisdiction
over the unknown owners even if the organization was in fact
incorporated.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER B. CITATION GENERALLY
Sec. 17.021. SERVICE ON CERTAIN NONCORPORATE BUSINESS AGENTS.
(a) In an action against an individual, partnership, or
unincorporated association that arises in a county in which the
individual, partnership, or association has an office, place of
business, or agency for transacting business in this state,
citation or other civil process may be served on an agent or
clerk employed in the office, place of business, or agency if:
(1) the action grows out of or is connected with the business
transacted in this state; and
(2) the individual, partnership, or association:
(A) is not a resident of the county;
(B) is not a resident of this state; or
(C) is a resident of the county but has not been found for
service of process.
(b) To serve process on an agent or clerk under Subsection
(a)(2)(C), the officer making the return of unexecuted process
must certify that after diligent search and inquiry the
individual, partnership, or association cannot be found and
served. The process in the suit may be served on the agent or
clerk in any succeeding term of court.
(c) Service of process on an agent or clerk under this section
has the effect of personal service on the principal individual,
partnership, or unincorporated association and subjects the
principal's nonexempt property to the jurisdiction and judgment
of the court.
(d) If service is made under this section, a default judgment
may not be rendered in the action before the 21st day after the
date of service.
(e) Service of process under this section is in addition to
other methods of service.
(f) This section does not affect venue.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.022. SERVICE ON PARTNERSHIP. Citation served on one
member of a partnership authorizes a judgment against the
partnership and the partner actually served.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.023. SERVICE ON JOINT-STOCK ASSOCIATION. (a) In an
action against a joint-stock association, citation may be served
by:
(1) serving the president, vice-president, secretary, cashier,
assistant cashier, or treasurer of the association;
(2) serving the local agent of the association in the county in
which the suit is brought; or
(3) leaving a copy of the citation at the principal office of
the association during office hours.
(b) If no officer on whom citation may be served resides in the
county in which suit is brought and the association has no agent
in that county, citation may be served on any agent representing
the association in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 288, Sec. 1, eff. Aug. 31,
1987.
Sec. 17.024. SERVICE ON POLITICAL SUBDIVISION. (a) In a suit
against a county, citation must be served on the county judge.
(b) In a suit against an incorporated city, town, or village,
citation may be served on the mayor, clerk, secretary, or
treasurer.
(c) In a suit against a school district, citation may be served
on the president of the school board or on the superintendent.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.025. ASSESSMENT OF POSTAGE COST FOR MAIL SERVICE. (a)
If a public official is required or permitted by law to serve
legal process by mail, including process in a suit for delinquent
taxes, the official may:
(1) collect advance payment for the actual cost of the postage
required to serve or deliver the process; or
(2) assess the expense of postage as costs.
(b) Charges under this section are in addition to other charges
allowed by law for services performed by the official serving the
process.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.026. SERVICE ON SECRETARY OF STATE. (a) In an action
in which citation may be served on the secretary of state,
service may be made by certified mail, return receipt requested,
by the clerk of the court in which the case is pending or by the
party or the representative of the party.
(b) The method of service of citation provided by this section
is in addition to any other method authorized by statute or the
Texas Rules of Civil Procedure for service on the secretary of
state.
Added by Acts 1987, 70th Leg., ch. 954, Sec. 1, eff. Sept. 1,
1987.
Sec. 17.027. PREPARATION AND SERVICE. (a) The plaintiff or his
attorney may prepare the appropriate citation for the defendant.
(b) The citation must be in the form prescribed by the Texas
Rules of Civil Procedure.
(c) The citation shall be served in the manner prescribed by
law.
(d) The plaintiff or his attorney shall comply with the
applicable Texas Rules of Civil Procedure governing preparation
and issuance of citation.
(e) Repealed by Acts 1997, 75th Leg., ch. 976, Sec. 5, eff.
Sept. 1, 1997.
Added by Acts 1987, 70th Leg., ch. 663, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 976, Sec. 5, eff.
Sept. 1, 1997.
Sec. 17.028. SERVICE ON FINANCIAL INSTITUTIONS. (a) In this
section, "financial institution" has the meaning assigned by
Section 201.101, Finance Code.
(b) Except as provided by Subsection (c), in an action against a
financial institution, citation may be served by:
(1) serving the registered agent of the financial institution;
or
(2) if the financial institution does not have a registered
agent, serving the president or a branch manager at any office
located in this state.
(c) In an action against a credit union organized under the laws
of this state, another state, or federal law, citation may be
served by:
(1) serving the registered agent of the credit union; or
(2) if the credit union does not have a registered agent,
serving the president or vice president.
(d) If citation has not been properly served as provided by this
section, a financial institution may maintain an action to set
aside the default judgment or any sanctions entered against the
financial institution.
(e) A citation served on a credit union that is located in a
place of worship may not be served during a worship service.
Added by Acts 2007, 80th Leg., R.S., Ch.
244, Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. LONG-ARM JURISDICTION IN SUIT ON BUSINESS
TRANSACTION OR TORT
Sec. 17.041. DEFINITION. In this subchapter, "nonresident"
includes:
(1) an individual who is not a resident of this state; and
(2) a foreign corporation, joint-stock company, association, or
partnership.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.042. ACTS CONSTITUTING BUSINESS IN THIS STATE. In
addition to other acts that may constitute doing business, a
nonresident does business in this state if the nonresident:
(1) contracts by mail or otherwise with a Texas resident and
either party is to perform the contract in whole or in part in
this state;
(2) commits a tort in whole or in part in this state; or
(3) recruits Texas residents, directly or through an
intermediary located in this state, for employment inside or
outside this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.043. SERVICE ON PERSON IN CHARGE OF BUSINESS. In an
action arising from a nonresident's business in this state,
process may be served on the person in charge, at the time of
service, of any business in which the nonresident is engaged in
this state if the nonresident is not required by statute to
designate or maintain a resident agent for service of process.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.044. SUBSTITUTED SERVICE ON SECRETARY OF STATE. (a)
The secretary of state is an agent for service of process or
complaint on a nonresident who:
(1) is required by statute to designate or maintain a resident
agent or engages in business in this state, but has not
designated or maintained a resident agent for service of process;
(2) has one or more resident agents for service of process, but
two unsuccessful attempts have been made on different business
days to serve each agent; or
(3) is not required to designate an agent for service in this
state, but becomes a nonresident after a cause of action arises
in this state but before the cause is matured by suit in a court
of competent jurisdiction.
(b) The secretary of state is an agent for service of process on
a nonresident who engages in business in this state, but does not
maintain a regular place of business in this state or a
designated agent for service of process, in any proceeding that
arises out of the business done in this state and to which the
nonresident is a party.
(c) After the death of a nonresident for whom the secretary of
state is an agent for service of process under this section, the
secretary of state is an agent for service of process on a
nonresident administrator, executor, or personal representative
of the nonresident. If an administrator, executor, or personal
representative for the estate of the deceased nonresident is not
appointed, the secretary of state is an agent for service of
process on an heir, as determined by the law of the foreign
jurisdiction, of the deceased nonresident.
(d) If a nonresident for whom the secretary of state is an agent
for service of process under this section is judged incompetent
by a court of competent jurisdiction, the secretary of state is
an agent for service of process on a guardian or personal
representative of the nonresident.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 158, Sec. 1, eff. May 25,
1987.
Sec. 17.045. NOTICE TO NONRESIDENT. (a) If the secretary of
state is served with duplicate copies of process for a
nonresident, the documents shall contain a statement of the name
and address of the nonresident's home or home office and the
secretary of state shall immediately mail a copy of the process
to the nonresident at the address provided.
(b) If the secretary of state is served with process under
Section 17.044(a)(3), he shall immediately mail a copy of the
process to the nonresident (if an individual), to the person in
charge of the nonresident's business, or to a corporate officer
(if the nonresident is a corporation).
(c) If the person in charge of a nonresident's business is
served with process under Section 17.043, a copy of the process
and notice of the service must be immediately mailed to the
nonresident or the nonresident's principal place of business.
(d) The process or notice must be sent by registered mail or by
certified mail, return receipt requested.
(e) If the secretary of state is served with duplicate copies of
process as an agent for a person who is a nonresident
administrator, executor, heir, guardian, or personal
representative of a nonresident, the secretary shall require a
statement of the person's name and address and shall immediately
mail a copy of the process to the person.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 158, Sec. 2, eff. May 25,
1987; Acts 2001, 77th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2001.
SUBCHAPTER D. LONG-ARM JURISDICTION OVER NONRESIDENT MOTOR
VEHICLE OPERATOR
Sec. 17.061. DEFINITIONS. In this subchapter:
(1) "Agent" includes a servant, employee, heir, legal
representative, executor, administrator, or guardian.
(2) "Chairman" means the chairman of the Texas Transportation
Commission.
(3) "Motor vehicle" includes a motorcycle.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(23), eff. Sept.
1, 1995.
Sec. 17.062. SUBSTITUTED SERVICE ON CHAIRMAN OF TEXAS
TRANSPORTATION COMMISSION. (a) The chairman of the Texas
Transportation Commission is an agent for service of process on a
person who is a nonresident or an agent of a nonresident in any
suit against the person or agent that grows out of a collision or
accident in which the person or his agent is involved while
operating a motor vehicle in this state.
(b) Process may be served on the chairman in accordance with
this section for a nonresident who was a resident at the time the
cause of action accrued but has subsequently moved from the
state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(24), eff. Sept.
1, 1995.
Sec. 17.063. METHOD OF SERVICE; NOTICE TO NONRESIDENT. (a) A
certified copy of the process must be served on the chairman not
later than the 20th day prior to the date of return stated in the
process.
(b) Immediately after being served, the chairman by properly
addressed letter shall mail to the nonresident or agent:
(1) a copy of the process; and
(2) notice that the process has been served on the chairman.
(c) The notice and copy of the process must be sent to the
nonresident or agent by registered mail, or by certified mail,
return receipt requested, with the postage prepaid.
(d) After the chairman deposits the copy of the process in the
mail, it is presumed that the process was transmitted by the
chairman and received by the nonresident or agent. The
presumption may be rebutted.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.064. SAME EFFECT AS PERSONAL SERVICE. Service on the
chairman has the same effect as personal service on the
nonresident.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.065. FAILED SUBSTITUTED SERVICE. (a) If the notice of
service on the chairman cannot be effected by registered or
certified mail or if the nonresident or agent refuses to accept
delivery of the notice, the plaintiff may have the defendant
personally served with a certified copy of the process and a
notice stating that the chairman has been served and the date on
which he was served.
(b) The return of service under this section shall be endorsed
on or attached to the original process issued and must:
(1) state when it was served;
(2) state on whom it was served; and
(3) be signed and sworn to by the party making the service
before a person authorized by law to make an affidavit under his
hand and seal.
(c) The process and notice may be served by any disinterested
person competent to make an oath that the process and notice were
served.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.066. RETURN. An officer who serves process on the
chairman under this subchapter shall state on his return the day
and hour of service and any other facts required generally for
returns of service of citation.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.067. DEFAULT JUDGMENT. If process is served on the
chairman under this subchapter, a court may not grant default
judgment against the defendant before the 21st day after the day
on which the chairman was served.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.068. CONTINUANCE OR POSTPONEMENT. A court may continue
or postpone an action in which process is served under this
subchapter as necessary to afford the defendant reasonable
opportunity to defend.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.069. CHAIRMAN'S CERTIFICATE. (a) On request of any
party and payment of a $25 fee, the chairman shall certify the
occurrence or performance of any duty, act, omission,
transaction, or happening contemplated or required by this
subchapter, including the wording of any registered letter
received.
(b) The chairman may make the certification to the court that
issued the process or to another court in which an action is
pending against the nonresident or agent.
(c) The chairman's certificate and the certified wording of a
registered letter are prima facie evidence of the statements
contained in the certificate or letter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER E. CITATION OF NONRESIDENTS--MISCELLANEOUS PROVISIONS
Sec. 17.091. SUBSTITUTED SERVICE IN DELINQUENT TAX CASES. (a)
In a suit to collect delinquent property taxes by the state or a
political subdivision of the state in which a person who is a
defendant in the suit is a nonresident, the secretary of state is
an agent for service of process on that defendant if the
defendant owns, has, or claims an interest in or a lien against
property in this state that is the subject of the suit. This
section applies regardless of whether the defendant has resided
in this state.
(b) Duplicate copies of the process issued by the clerk of the
court in which the suit is pending must be served on the
secretary of state not later than the 20th day before the date of
return stated in the process. The process must include the name
and address of the nonresident's home or home office. The
address may be a post office box.
(c) Immediately after being served, the secretary of state shall
mail a copy of the process to the nonresident at the address
provided under Subsection (b) by certified mail, return receipt
requested, with the postage prepaid. The secretary of state
shall certify to the court that issued the process that the
secretary of state has complied with this section.
(d) Service under this section is in addition to procedures
provided by Rule 117a of the Texas Rules of Civil Procedure and
has the same effect as personal service.
(e) Service of process on the secretary of state under this
section must be accompanied by the fee provided by Section
405.031(a), Government Code, for the maintenance by the secretary
of state of a record of the service of process.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 384, Sec. 14, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., 2nd C.S., ch. 6, Sec. 60, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 579, Sec. 1, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 948, Sec. 5, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 1430, Sec. 34, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1126, Sec. 28, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
182, Sec. 1, eff. September 1, 2009.
Sec. 17.092. SERVICE ON NONRESIDENT UTILITY SUPPLIER. A
nonresident individual or partnership that supplies gas, water,
electricity, or other public utility service to a city, town, or
village in this state may be served citation by serving the local
agent, representative, superintendent, or person in charge of the
nonresident's business.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 17.093. SERVICE ON FOREIGN RAILWAY. In addition to other
methods of service provided by law, process may be served on a
foreign railway by serving:
(1) a train conductor who:
(A) handles trains for two or more railway corporations, at
least one of which is the foreign corporation and at least one of
which is a domestic corporation; and
(B) handles trains for the railway corporations over tracks that
cross the state's boundary and on tracks of a domestic
corporation within this state; or
(2) an agent who:
(A) has an office in this state; and
(B) sells tickets or makes contracts for the transportation of
passengers or property over all or part of the line of the
foreign railway.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.